WAR

A state of forcible contention; an armed contest between nations; a state of hostility between two or more nations or states. Gro. de Jur. B. lib. 1, c 1. Every connection by force between two nations, in external matters, under the authority of their respective governments, is a public war. If war is declared in form, it is called “solemn,” and is of the perfect kind; because the whole nation is at war with another whole nation. When the hostilities are limited as respects places, persons, and things, the war is properly termed “imperfect war.” Bas v. Tingy, 4 Dall. 37, 40, 1 I. Ed. 731. —Articles of war. See ARTICLE.—Civil war. An internecine war. A war carried on between opposing masses of citizens of the same country or nation. Before the declaration of independence, the war between Great Britain and the United Colonies was a civil war; but instantly on that event the war changed its nature, and became a public war between independent governments. Hubbard v. Exp. Co., 10 R. 44; Brown v. Hiatt, 4 Fed. Cas. 387: Prize Cases, 2 Black, 667. 17 L. Ed. 459; Central R. & B. Co. v. Ward. 37 Ga. 515.—Laws of war. See Law.—Mixed war. A mixed war is one which is made on one side by public anthority, and on the other by mere private persons. People v. McLeod, 1 Hill (N. Y.) 377%, 415, 37 Am. Dec. 328.—Pri vate war. One between private persons, lawfully exerted by way of defense. but otherwise unknown in civil society. People v. McLeod, 25 Wend. (N. Y.) 576, 37 Am. Dec. 328.—Public war. This term includes every contention by force, between two nations. in external matters, under the authority of their respective governments. Prize Cases, 2 Black. 666, 17 I. Ed. 459: People v. McLeod. 25 Wend. (N. Y.) 483. 37 Am. Dec. 328.—Solemn war. A war made in form by age declaration: a war solemnly declared one state against another.—War-Office. In England. <A department of state from which the sovereign issues orders to his forces. Wharton.

See also ALIEN, 1; ALLEGIANCE; CHINESE; CORPORATION, Private; DENIZEN; DOMICIL; EXPATRIATION; NATURALIZE; PERSON; PRIVILEGE, 1; STATE, 3 (2); SUFFRAGE; TERRITORY, 2; WHITE. Pertaining to soldiers in war, or to war; relating to the army. Military bounty-lands. See BOUNTY. Military cause. A cause arising out of the military law. Military court or tribunal. A court for the administration of the military law; a court-martial. A military tribunal exists under the Constitution in time of war. Should Congress fail to create such tribunals, they must be constituted and proceed according to the laws and usages of civilized warfare. In time of peace they may exist only under the power in Congress "To make Rules for the Government and Regulation of the land and naval Forces."? See Σ lot-owner, before he can use the wall, is a fixed lien upon the lot, enforced by restraining the full use of the wall until the amount is paid. The mason who builds the wall may agree to look to the adjoiner for half the value, and retain a lien for that half, which will remain incident to the wall, that is, to the house and wall, and pass on a sale of the house. In such case the owner of the house is a trustee of the lien for the builder of the wall, and a purchaser from such original owner, with notice of the agreement, becomes himself a trustee; but a purchaser without notice will take title to the wall discharged of the builder's claim. If the trustee sells the house without reserving the lien, he must account to the builder for the amount of it.1 The rights and liabilities of the co-owners differ somewhat in different jurisdictions. But the weight of authority is that an agreement, under seal between the adjoining owners, for the construction of a partywall, creates cross-easements which run with the land and bind all persons, even an assignee, succeeding to the estates to which the easements are appurtenant.2 If the necessity for the repair of an old wall be established, the cost will be divided. But some cases hold that the easement is terminated by decay or destruction of the wall, as, by fire.3 See EASEMENT; SUPPORT, 2; RIP-RAP. An interruption of a state of peace for the purpose of attempting to procure good or prevent evil by force. A just war is an attempt to obtain justice or prevent injustice by force, in other words to bring back an injuring party to a right state of mind and conduct by the infliction of deserved evil. A justifiable war, again, is only one that is waged in the last resort, when peaceful means have failed to procure redress, or when self-defense calls for it.7 An armed contest between different states upon a question of public right.8 Every contention by force, between two nations, in external matters, under the authority of their respective governments, is a public war. If it be declared in form, it is Thomas v. State, 14 Tex. Ap. 205 (1883), Willson, J. 2 State v. Brigman, 94 N. C. 890 (1886), Smith, C. J. 3 State v. Massey, 97 N. C. 468 (1887). 4 Cobb v. Bennett, 75 Pa. 330 (1874), Agnew, C. J. * Welch v. Durand, 36 Conn. 184-85 (1869), Butler, J. * Clarke v. Hoggins, 103 E. C. L. *552 (1862), Willes, J. Woolsey, Int. Law, § 115. * Brown v. Hiatt, 1 Dill. 380 (1870): Bluntschli, Code • Lafayette, &c. R. Co. v. Huffman, 28 Ind. 290 (1867). Int. Law, 270. military force.1 called solemn, and is of the "perfect" kind: 1807, is authorized to meet invasion or insurrection by because one whole nation is at war with another whole nation. 1 That state in which a nation prosecutes its right by force.2 One belligerent may claim sovereign rights as against the other - but both need not be independent sovereignties. Insurrection may or may not culminate in an organized rebellion, but a civil war always begins by insurrection against the lawful authority of the government. A civil war is never solemnly declared: it becomes such by its accidents-the number, power, and organization of the persons who originate and carry it on. When the parties in rebellion occupy and hold in a hostile manner a certain portion of territory, have declared their independence, cast off allegiance, organized armies, committed hostilities against their former sovereign, the world acknowledges them as belligerents, and the contest a "war." When the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the courts of justice cannot be kept open, then "civil war" exists.3 "The Congress shall have Power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions." 4 "No State shall, without the Consent of Congress, keep Troops, or Ships of War in time of Peace, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay." "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." Previous to any declaration of war by Congress, the President, by acts of February 28, 1795, and March 3, The Eliza (Bas v. Tingy), 4 Dall. *40 (1800), Washington, J. [Vattel, Law of Nations, *291: 2 Black, 666. Prize Cases, 2 Black, 666-67 (1862), Grier, J. Constitution, Art. I, sec. 8, cl. 11-15. Vesting the sole power to declare war in Congress is "a regulation where the spirit of republicanism exerted its humanest influence. The world has been retarded in civilization, impoverished and laid waste by wars of the personal ambition of its kings." 2 Bancroft, Const. 146. Constitution, Art. I, sec. 10, cl. 3. Constitution, Art. II, sec. 2. The late war in the United States was accompanied by the general incidents of an international war. Whatever auxiliary causes may have contributed to bring it about, the overshadowing, efficient cause was African slavery. In that war the United States acted both as beiligerent and as sovereign. As belligerent she enforced her authority by capture; as sovereign she recalled her revolted subjects to allegiance by pardon and restoration of rights. The rules of war, as recognized by the public law of civilized nations, became applicable to the contending forces. The usual incidents of a war between independent nations ensued 5 At no time were the rebellious States out of the pale of the Union. Their rights under the Constitution were suspended, not destroyed. Their constitutional duties and obligations were unaffected: as a citizen is still a citizen though guilty of a crime and visited with punishment. A political society which attempted to separate itself from the Union did not destroy its identity as a State, nor free itself from the binding force of the Constitution. Hence, all its acts, during the period of the rebellion, are obligatory on the State now, except those in aid of that rebellion, or in conflict with the Constitution and laws of the United States, or intended to impeach its authority.7 When the war closed there was no government in an insurgent State. Such as had been organized for waging war against the United States had disappeared. The chief functionaries, and many subordinate officials, left the State. Legal responsibilities were annulled or greatly impaired. The new freemen became part of the people, and the people still constituted the State. Having suppressed the rebellion, the next duty imposed upon the United States government was to re-establish the broken relations of the States with the Union. Restoration of the old government, without a new election of officers, was impossible; and before an election could be held, it was necessary that the old constitutions should receive such amendments as would conform their provisions to the new conditions created by emancipation, and afford security to the people. Authority to suppress rebellion is found in the power to suppress insurrection and carry on war. Authority to provide for the restoration of State governments, when subverted, is derived from the obligation "to guarantee to every State a republican form of government." Wh

Clergymen were disqualified to enter into a partnership in England by 57 Geo. 111. Corporations. There is no general principle of law which prevents a corpora- tion from being a partner with another corporation, or with ordinary individuals, except the principle that a corporation I cannot lawfully employ its funds for pur- poses not authorized by its charter; Lind. Part., 2d Am. ed. *78; 46 Conn. 136; Grant, Corp. 5; 5 Gray 58; they are said to be prima facie ineligible as partners; George, Partn. 15; 121 N. Y. 582; 68 Pa. 173; 86 Tenn. 598; Beach, Corp. §842. The purchase of an interest in a firm by a corporation does not make it a partner; 62 Mo. App. 390; but see 46 Conn. 136, where the charter authorized the corporation to enter into a partnership. See also 7 Wend. 412, where it was held that two corpora- tions cannot form a partnership. A cor- poration which shares profits may be held to make good losses; 14 Barb. 479. While a contract of partnership between a cor- poration and an individual is ultra vires as to this corporation, yet if the corporation has received the benefit of the contract, it must account to the other party for what is due him under the contract; 182 Pa. 206. Firms. Two firms may be partners in one joint firm; 1 Abb. Pr. 243; 1 Fed. Rep. 800. Where a partnership and an in- dividual form a second partnership, all the members of the first partnership are mem- bers of the new firm; 114 П1. 574. Felons. Felons probably are not dis qualified, in the absence of any statutory restriction, to enter into a contract of partnership in this country; George, Partn. 11. Infants. An infant may contract the relation of partner, as he may make any trading contract which is likely to prove for his advantage; 17 Gratt. 503; 5 B. & Ald. 147. Such a contract made by a per- son during infancy is voidable and may be affirmed or disaffirmed by him at majority; Story, Part. § 7; 42 Mich. 184; but whether he may disaffirm before majority is doubt- ful; 31 Mich 182; Lind. Part., 2d Am. ed. *74, n.; though it is said that he may; Pars. (Jas.) Partn. § 136. He may re- claim his contribution before majority; 83 Ν. Υ. 245. Unless he gives notice of disaffirmance, or in some manner re- pudiates the contract within a reasonable time after becoming of age, he will be presumed to have ratified it; Story, Part. §7; 9 Vt. 368; but it is held that there must be positive acts of ratification after majority; neglect to disaffirm is not ratification; 3 Cush. 372; see 8 Exch. 181; 8 Ν. Υ. 228; and his liability then relates back to firm contracts made during his minority; 33 S. C. 285; 21 Mich. 304. The person with whom the minor contracts will be bound; 2 M. and S. 205; 1 Watts 412; 3 Green N. J. 343. In England and in Maine ratification, after majority, must be in writing. Lunatics. A lunatic is probably not absolutely incapable of being a partner; Lind. Part. *84; since the insanity of a part- ner does not per se dissolve the firm, but simply amounts to a sufficient cause for a court of equity to decree a dissolution; 1 Cox, Ch. 107; 2 Myl. & K. 125; 15 Johns. 57; contra, 6 Humphr. 85. Whether a con- tract by a lunatic to become a partner can in all cases be avoided by him, is, perhaps, unsettled; Story, Part. § 7, n. 1. Married women. Married women, at common law, are incapable of becoming paftners, since they are generally unable to contract or engage in trade; 30 Md. 402; Story, Part. § 10; 3 De G., M. & G. 18: see 36 S. C. 424; and cannot be made partners by estoppel; 27 S. C. 525; 31 Ind. 113. But where a married woman is author- ized by custom, statute, or otherwise to trade as a feme sole, she may probably be a partner; 52 Miss. 402; 43 Ark. 212; 57 Ia. 361; contra, 91 Ind. 384; Story, Part. § 10; Pars. Part. § 19. The mere consent of her husband to her trading as a feme sole does not necessarily permit her to become a partner; Story, Part. § 12. In some states she may be a partner as to her separate estate; 74 Pa. 448; 94 Mich. 230; contra, 20 W. Va. 571. A married woman, by acting as partner and continuing the business after her husband's death, creates a partnership from the beginning; 10 Paige 82. Except as above stated, a married wo- man cannot become a partner without stat- utory authority; 23 Fla. 83; 27 S. C. 525; 20 W. Va. 571; in any case, however, the capital she puts in is liable for the firm debts; 66 Mo. 617. It has been held that where the wife cannot be a partner, the husband will be considered as such; 65 Tex. 181. Under modern married women statutes, a wife is not, according to most of the cases, permitted to enter into partnership with her husband; 140 Mass. 521: 4 Wash. St. 263; 16 L. R. A. (Ark.) 526; 78 Mich. 146; contra, 122 N. Y. 308. See 3 Biss. 405. Number of persons. Generally speaking, the common law imposes no restriction as to the number of persons who may carry on trade as partners; 1 Col. Part. § 10: 27 Ind. 399; unless by statute, as in England, where the limit is twenty. But a p

Ware; aware. [Obs.] Chaucer.

A contest between nations or states, carried on by force, whether for defence, for revenging insults and redressing wrongs, for the extension of commerce, for the acquisition of territory, for obtaining and establishing the superiority and dominion of one over the other, or for any other purpose; armed conflict of sovereign powers; declared and open hostilities. Men will ever distinguish war from mere bloodshed. F. W. Robertson. A condition of belligerency to be maintained by physical force. In this sense, levying war against the sovereign authority is treason. Instruments of war. [Poetic] His complement of stores, and total war. Prior. Forces; army. [Poetic] On their embattled ranks the waves return, And overwhelm their war. Milton. The profession of arms; the art of war. Thou art but a youth, and he is a man of war from his youth. 1 Sam. xvii. 33. a state of opposition or contest; an act of opposition; an inimical contest, act, or action; enmity; hostility. "Raised impious war in heaven." Milton. The words of his mouth were smoother than butter, but war was in his heart. Ps. lv. 21. Civil war, a war between different sections or parties of the same country or nation. -- Holy war. See under Holy. -- Man of war. (Naut.) See in the Vocabulary. -- Public war, a war between independent sovereign states. -- War cry, a cry or signal used in war; as, the Indian war cry. -- War dance, a dance among savages preliminary to going to war. Among the North American Indians, it is begun by some distinguished chief, and whoever joins in it thereby enlists as one of the party engaged in a warlike excursion. Schoolcraft. -- War field, a field of war or battle. -- War horse, a horse used in war; the horse of a cavalry soldier; especially, a strong, powerful, spirited horse for military service; a charger. -- War paint, paint put on the face and other parts of the body by savages, as a token of going to war. "Wash the war paint from your faces." Longfellow. -- War song, a song of or pertaining to war; especially, among the American Indians, a song at the war dance, full of incitements to military ardor. -- War whoop, a war cry, especially that uttered by the American Indians.

To make war; to invade or attack a state or nation with force of arms; to carry on hostilities; to be in a state by violence. Rezin the king of Syria, and Pekah the son of Remaliah, king of Israel, went up toward Jerusalem to war against it. Isa. vii. 1. Why should I war without the walls of Troy Shak. Our countrymen were warring on that day! Byron. To contend; to strive violently; to fight. "Lusts which war against the soul." 1 Pet. ii. 11.

Organized, large-scale, armed conflict between countries or between national, ethnic, or other sizeable groups, usually but not always involving active engagement of military forces. | A particular conflict of this kind. | Protracted armed conflict against irregular forces, particularly groups considered terrorists. | Any protracted conflict, particularly | Any protracted conflict, particularly | A sustained campaign against a social problem, idea, set of values, etc. | Any protracted conflict, particularly | A protracted instance of fierce competition in trade. | Any protracted conflict, particularly | A prolonged conflict between two groups of organized criminals, usually over organizational or territorial control. | Any protracted conflict, particularly | An argument between two or more people with opposing opinions on a topic or issue. | An assembly of weapons; instruments of war. | Armed forces. | Any of a family of card games where all cards are dealt at the beginning of play and players attempt to capture them all, typically involving no skill and only serving to kill time.

To engage in conflict (may be followed by "with" to specify the foe). | To carry on, as a contest; to wage.